Reinstatement in the nonunion sector - An empirical analysis

Reinstatement to the workplace is an important feature of statutory protection against unjust dismissal for nonunion employees. An empirical study examined the post-reinstatement experience of workers under the Canada Labour Code. Overall, the results contrast with the reinstatement experience in union settings, which generally show favorable results. It was concluded that the presence of a union may be a key variable in the effectiveness of the reinstatement remedy. In the absence of a union, workers ordered reinstated would have to be provided with greater support. This may be achieved through a follow-up mechanism directed by the governmental agency that administers the statute.